HomeMy WebLinkAboutMinutes Council 091594CITY COUNCIL
REGULAR MEETING
CITY OF PALM BEACH GARDENS
September 15, 1994
The Regular Meeting of the City Council of the City of
Palm Beach Gardens, Florida, was called to order by
Mayor Clark at 7:30 P.M. in the Assembly Room of the
Municipal Complex, 10500 North Military Trail, Palm
Beach Gardens, Florida, and opened with the Pledge of
Allegiance to the Flag.
ROLL CALL The City Clerk called the roll and present were Mayor
Clark, Councilman Russo, and Councilwoman Furtado.
Councilman Jablin and Vice Mayor Monroe were absent
from the meeting.
ANNOUNCEMENTS Mayor Clark stated the announcements were as posted on
the City's Bulletin Boards.
PUBLIC HEARINGS:
1994/1995 FISCAL
YEAR BUDGET Mayor Clark summarized the budget procedure, stating
that the public hearing to adopt a final millage rate
and budget was required to be held not less than two
days or more than five days after the advertisement
was first published, which in this case occurred on
September 12, 1994, and that at this public hearing
the discussion of the percentage increase in millage
over the rolled -back rate was required by statute,
however, the proposed rate this year was a decrease;
and that a millage rate would be adopted and then a
budget would be adopted. Mayor Clark declared the
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public hearing open, and there being no comments from
the public, closed the public hearing.
Resolution 126, 1994 Mayor Clark stated that the first item for discussion
was Resolution 126, 1994 - Levying tax mills on non-
exempt personal property located within the corporate
limits of the City for the year ending 12/31/94.
Councilwoman Furtado moved that the first blank in
Resolution 126, 1994 be filled in with a millage rate
of 4.0748 mills; that the wording before the second
blank be changed from "said millage rate exceeds the
rolled -back rate by" to "said millage rate is below
the rolled -back rate by "; that the second blank be
filled in with 1.376 percent; that in Section 1, the
non -voted millage rate be filled in with 4.0209; and
that the voted rate be filled in with 0.539. Motion
was seconded by Councilman Russo and unanimously
carried.
Ordinance 18, 1994 Ordinance 18, 1994, had been duly advertised for
Public Hearing on 8/31/94 and 9/12/94. Councilman
Russo moved that Ordinance 18, 1994, Levying a tax on
real and personal property located within the
corporate limits of the City of Palm Beach Gardens for
year ending 12/31/94; affixing a total valuation
thereon and tax rate thereon for said year; Adopting
a Fiscal Budget for the Fiscal Year beginning 10/1/94
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and ending 9/30/95, inclusive; appropriating funds for
expenditures be approved for second reading and
adoption. Motion was seconded by Councilwoman Furtado
and unanimously passed. The City Clerk read on second
reading by title only Ordinance 18, 1994.
Resolution 127, 1994 Councilwoman Furtado made a motion to approve
Resolution 127, 1994 with the name of Lindahl Ferrari
Browning Hellstrom as City Engineer and Waterson,
Hyland and Baird as City Attorney. Councilman Russo
questioned whether these firms had been evaluated for
performance. The City Manager stated that a minimum
savings of $30,000 would be realized next year via a
plan by Mr. Lindahl's firm to provide the City with a
half -time engineer on site at City Hall. After
discussion, it was the consensus of the City Council
that evaluation and consideration for approval of each
contract be done at the time of contract expiration
and renewal, and that in the future the City Manager
should share all evaluations with the City Council.
Councilwoman Furtado withdrew her motion.
Resolution 128, 1994 Councilwoman Furtado moved approval of Resolution 128,
1994, Appropriating salaries and fringe benefits for
all Department Heads and designated Assistant
Department Heads and Officers of the City. Motion was
seconded by Councilman Russo. Discussion included
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clarification that the City Council had reviewed the
salaries proposed for employees listed in this
Resolution and that the City Manager was now in the
process of evaluating the performance of all listed
employees and had found no reason that any of them I
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should not remain employed by the City. Motion
carried unanimously.
Resolution 129, 1994 James T. Waldron, Human Resources Director, explained
that the report on the recommended classification and
salary plan for the City was now market based and
identified and adjusted salary ranges. Councilwoman
Furtado stressed that the person who answered the
telephone for each department should be trained in
basic telephone etiquette since they represented the
City each time they answered the telephone. Director
Waldron asserted that customer service training would
be stressed, along with in -depth training which would
be scheduled so that departments were not stripped of
personnel to accomplish training. Motion was made by
Councilwoman Furtado to approve Resolution 129, 1994,
Approval of the 1994/1995 Compensation and
Classification Plans of the City of Palm Beach ;
Gardens. Motion was seconded by Councilman Russo and !I
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unanimously approved.
Resolution 130, 1994 Resolution 130, 1994 - Approval of tennis professional
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contract for the fiscal year 10/1/94 through 9/30/95
was discussed. City Manager Herakovich explained
that responsibilities had been increased and benefits
reduced in the 1993 contract. Motion was made by
Councilman Russo to approve Resolution 130, 1994.
Motion was seconded by Councilwoman Furtado and
unanimously carried.
Councilman Russo commented that at the last meeting he
had requested from Finance Director Olson a breakdown
of the amount of reduced overhead and the grant
programs for the final Budget Hearing. Councilman
Russo pointed out highlights of that report, including
$494,000 savings to taxpayers and $261,000 savings to
businesses in the new trash contract, and credited
Finance Director Olson with locking in the rate over
the 5 -year term of the contract for a $30,000 per year
savings to residents. savings were also realized for
auditing services, health insurance, and workers
compensation insurance. Councilwoman Furtado
commented that the City had taken advantage of grant
funds for the first time, which could offset total
projects cost of $1,170,438 by $901,030. The City
Manager thanked residents who had volunteered their
time, which had resulted in a savings of $54,700.
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CITY COUNCIL REGULAR MEETING, 9/15/94
ITEMS BY MAYOR AND
CITY COUNCIL
COUNCILWOMAN FURTADO
COUNCILMAN RUSSO
PAGE 6
Councilwoman Furtado reported the Lake Catherine Task
Force had been working toward alternatives and
solutions and after their September 28, 1994 meeting
they would be prepared to formulate their report.
Councilwoman Furtado suggested formulation of an
citizens emergency services advisory panel to reduce
pressure on police and emergency services departments.
The City Manager was directed to discuss this matter
with the Police Chief.
Councilman Russo reported he had attended a Recreation
Advisory Board meeting and that the Board was very
concerned that if the City did not do something
immediately about the parks that children would have
to be excluded from recreation programs within the
City. Councilman Russo requested that a workshop be
scheduled with the Recreation Advisory Board,
coordinated through the City Manager and the YAA to
deal with this crisis.
Councilman Russo also reported he had attended a
meeting of the Municipal League which was working on
the City's problem with intergovernmental
coordination, and suggested a member of the staff
attend the Municipal League meetings.
In response to Councilman Russo's concern regarding
CITY COUNCIL REGULAR MEETING, 9/15/94 PAGE 7
code enforcement, City Attorney Baird recommended that
more efficient code enforcement could be provided for
the City by amending the current section of the code
that dealt with code enforcement to incorporate the
statutory procedures of Chapter 162, Florida Statutes,
and that a resolution would be presented to the City
Council.
MAYOR CLARK Mayor Clark reported a letter had been received from
the new Planning Director of Palm Beach County
apologizing for not following the intergovernmental
coordination procedures and stating they would do so
in the future. Mayor Clark reported staff had met
with the Abacoa developer who had promised cooperation
in some areas of the City's concern, and that he would
contact Jupiter's Mayor to request cooperation from
that City. councilman Russo voiced concern that if a
stadium were not built with resulting jobs, he was
not in favor of supporting Abacoa as only a
residential development.
CONSENT AGENDA: Councilwoman Furtado made a motion to approve the
Consent Agenda as presented. Councilman Russo
seconded the motion. The motion carried unanimously.
The following items were approved on the Consent
Agenda:
1. Approval of Minutes of 9/1/94 City Council
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Regular Meeting.
2. Approval of Resolution 101, 1994 - Approval of
Amendment to Admiralty II PUD to allow a
Drive -Thru Canopy.
RESOLUTIONS:
RESOLUTION 6, 1994 City Manager Herakovich reported that Resolution 86,
1994, Appointing members to the Education Board, had
been placed on the agenda even though enough members
had not been found because of the City Council's
request that this board be established as soon as
possible. Councilman Russo reported that the
Municipal League had established a group to look at
the interworkings of the Palm Beach County School
Board, the State Charter and Constitution to determine
whether changes could benefit the cities.
Alan Adams Alan Adams volunteered to attend the next SAC meeting
to make a presentation and to pass out an information
package, including an application so that interested
residents could apply to become members of the
Education Board. It was the consensus of the City
Council to accept Mr. Adam's offer. Councilwoman
Furtado expressed the idea that the establishment of
the Education Board would send a message to teachers
that there were people who care and would provide a
place to turn for people who had problems regarding
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education. Councilman Russo questioned whether non-
residents could serve and also whether the husband or
wife of a councilmember could serve. The City Manager
stated she would research this issue. It was the
consensus of the City Council to place Resolution 86,
1994 on a future agenda when more applications had
been received.
Resolution 103, 1994 Resolution 103, 1994 was removed from the agenda since
comments received from Northern Palm Beach County
Water Control District have not been received.
Resolution 125, 1994 Councilwoman Furtado moved approval of Resolution 125,
1994 - Approving the Rate Schedule for EMS Transport
Service. Motion was seconded by Councilman Russo.
Motion carried unanimously.
ORDINANCES:
Ordinance 20, 1994 Councilman Russo made a motion to place Ordinance 20,
1994 on first reading by title only, minus the wording
regarding fees. Councilwoman Furtado seconded the
motion. Motion carried unanimously. The City Clerk
read on first reading by title only, Ordinance 20,
1994 Relating to Motor Vehicles; Providing for the
Establishment of a Program entitled "Combat Automobile
Theft ", Authorized Pursuant to the Florida Uniform
Traffic Control Law; Providing for Administration of
the Program.
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ITEMS FOR COUNCIL
ACTION
AUTO THEFT CRIME
PREVENTION RALLY
PROPERTY, CASUALTY AND
WORKERS COMPENSATION
INSURANCE RENEWAL
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Police Chief FitzGerald requested and received
permission by consensus of the City Council to hold an
Auto Theft Crime Prevention Rally on October 15, 1994
at the Promenade Plaza from 10 a.m. to 3 p.m. to
educate residents on auto theft prevention methods and
devices available to deter this type of crime. Police
Chief FitzGerald explained this program would include
demonstrations showing how quickly and easily a
vehicle could be stolen, would provide VIN car window
etching, window filming, C.A.T. (Combat Auto Theft)
registration and decals, and car theft deterrent
devices. The City Manager asked the City Council to
look at the hubcaps on the police car sitting outside
City Hall and report their color preference.
Finance Director Olson reviewed comparisons of three
insurance proposals received for the October 1, 1994
renewal, and reported that all three proposals offered
substantial savings over the City's existing insurance
program. Finance Director Olson recommended the
Florida League of Cities, property and casualty
insurance program since it would cover Public
Officials Liability, would offer a $2 million per
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occurrence with no annual aggregate and would not
include defense costs in any deductibles; the only
costs which would apply to deductibles were settlement
awards or judgements. For Workers Compensation
coverage Finance Director Olson recommended GRIT
(Governmental Risk Insurance Trust). Motion was made
by Councilman Russo to accept the recommendations of
staff for Florida League of Cities coverage for
Property and Casualty and GRIT coverage for Workers
Compensation coverage for the year beginning October
1, 1994. Councilwoman Furtado seconded the motion.
Motion carried unanimously.
AUTHORIZATION FOR
PURCHASE OF TWO
ALTERNATIVE FUEL
VEHICLES
City Manager
Herakovich reported half of the cost
of
$39,011.21 would be reimbursed by State grant for
two
natural gas
powered vehicles. Motion was made
by
Councilwoman
Furtado to authorize purchase of
two
alternative
fuel vehicles. Motion was seconded
by
Councilman Russo. Motion carried unanimously.
ITEMS FOR DISCUSSION:
ANNUAL PUBLIC AUCTION City Manager Herakovich reported October 15, 1994 was
the date that had been set for the annual pubic
auction and that a list of items to be auctioned had
been provided to the City Council members. Councilman
Russo moved to approve the public auction. Motion was
CITY COUNCIL REGULAR MEETING, 9/15/94
PAGE 12
seconded by Councilwoman Furtado. Motion carried
unanimously.
CITY MANAGER City Manager Herakovich reported next week's Holly
Drive Task Force meeting had been moved to Gardens
Elementary School in order to accommodate as many
residents as possible.
The City Manager also reported that several residents
had expressed concern that a concert was going to be
held at The Oaks park, and had misunderstood that
there would be a big band as opposed to the big band
era sound.
Planning and zoning Director Walton commented on a
memo regarding the parkway for Central Boulevard,
which covered Palm Beach County's requirement for a
six -lane road. Mr. Walton stated that since the two -
lane roadway was not heavily used that a six -lane road
was not necessary, and that the County was concerned
that when the roadway was one day turned over to the
County the City would not approve six lanes. In order
to obtain County approval for improvements to the two -
lane road, Mr. Walton recommended that the Mayor send
a letter to the County acknowledging that the
improvements were temporary and recognizing that the
road would one day be six lanes. It was the consensus
of the City Council that residents of MI Homes be
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notified of the future roadway change, and that on any
future developments homeowners must be notified, at
time of purchase, of the roadway specifications and
that they would be subject to change in the future.
Councilman Russo made a motion to authorize Mayor
Clark to sign the letter prepared by staff on the
above issue. Motion was seconded by Councilwoman
Furtado. Motion carried unanimously.
Planning and Zoning Director Walton reviewed the items
to be discussed at the Treasure Coast Regional
Planning Council meeting scheduled for September 16,
1994.
CITY ATTORNEY City Attorney Baird reported that Judge Graham had
complimented the City for their progress in the Wyly
class action and indicated that he would enter a final
judgement.
City Attorney Baird reported that a letter from Eagle
Sanitation which attempted to create a bid protest had
been received which Attorney Baird did not believe had
standing; and that the City was waiting for the waiver
from Waste Management for the alleged $800,000
damages.
The City Attorney also reported mediation had been
scheduled with Miss Byrd, Miss Erbacher, and Miss
Bullock cases, and that if those cases were not
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resolved in mediation the Byrd and Erbacker cases
would move to trial in November and the Bullock case
in possibly March.
ADJOURNMENT There being no further business to discuss, motion was
made by Councilman Russo, seconded by Councilwoman
Furtado, and unanimously approved to adjourn the
meeting at 9:40 P.M.
APPROVAL %7 "t I
MAYOR DAVID CLARK
VICE MAYOR LIN A M NROE
CO'UNCI 11) ( /JOSEPH RUSSO
COUNCILMAN ERI LIN
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COUNCILWOMAN LAUREN FURTADO
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
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